2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 86 - Anatomical Gifts
8622 - The Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund.

     § 8622.  The Governor Robert P. Casey Memorial Organ and Tissue
                Donation Awareness Trust Fund.
        (a)  Establishment.--All contributions received by the
     Department of Transportation under section 8621 (relating to The
     Governor Robert P. Casey Memorial Organ and Tissue Donation
     Awareness Trust Fund contributions) and the Department of
     Revenue under section 8618 (relating to voluntary contribution
     system) and the Department of Health under section 8617
     (relating to requests for anatomical gifts) shall be deposited
     into a special fund in the State Treasury to be known as The
     Governor Robert P. Casey Memorial Organ and Tissue Donation
     Awareness Trust Fund, which is hereby established.
        (b)  Appropriation.--All moneys deposited in the fund and
     interest which accrues from those funds are appropriated on a
     continuing basis subject to the approval of the Governor to
     compensate the Department of Transportation, the Department of
     Health and the Department of Revenue for actual costs related to
     implementation of this chapter, including all costs of the Organ
     Donation Advisory Committee created in subsection (c). Any
     remaining funds are appropriated subject to the approval of the
     Governor for the following purposes:
            (1)  10% of the total fund may be expended annually by
        the Department of Health for reasonable hospital and other
        medical expenses, funeral expenses and incidental expenses
        incurred by the donor or donor's family in connection with
        making a vital organ donation. Such expenditures shall not
        exceed $3,000 per donor and shall only be made directly to
        the funeral home, hospital or other service provider related
        to the donation. No part of the fund shall be transferred
        directly to the donor's family, next of kin or estate. The
        advisory committee shall develop procedures, including the
        development of a pilot program, necessary for effectuating
        the purposes of this paragraph.
            (2)  50% may be expended for grants to certified organ
        procurement organizations for the development and
        implementation of organ donation awareness programs in this
        Commonwealth. The Department of Health shall develop and
        administer this grant program, which is hereby established.
            (3)  15% may be expended by the Department of Health, in
        cooperation with certified organ procurement organizations,
        for the Project-Make-A-Choice program, which shall include
        information pamphlets designed by the Department of Health
        relating to organ donor awareness and the laws regarding
        organ donation, public information and public education about
        contributing to the fund when obtaining or renewing a
        driver's license and when completing a State individual
        income tax return form.
            (4)  25% may be expended by the Department of Education
        for the implementation of organ donation awareness programs
        in the secondary schools in this Commonwealth.
        (c)  Advisory committee.--The Organ Donation Advisory
     Committee is hereby established, with membership as follows:
            (1)  Two representatives of organ procurement
        organizations.
            (2)  Two representatives of tissue procurement providers.
            (3)  Six members representative of organ, tissue and eye
        recipients, families of recipients and families of donors.
            (4)  Three representatives of acute care hospitals.
            (5)  One representative of the Department of Health.
            (6)  One representative of eye banks.
     All members shall be appointed by the Governor. Appointments
     shall be made in a manner that provides representation of the
     northwest, north central, northeast, southwest, south central
     and southeast regions of this Commonwealth. Members shall serve
     five-year terms. The Governor may reappoint advisory committee
     members for successive terms. Members of the advisory committee
     shall remain in office until a successor is appointed and
     qualified. If vacancies occur prior to completion of a term, the
     Governor shall appoint another member in accordance with this
     subsection to fill the unexpired term. The advisory committee
     shall meet at least biannually to review progress in the area of
     organ and tissue donation in this Commonwealth, recommend
     education and awareness training programs, recommend priorities
     in expenditures from the fund and advise the Secretary of Health
     on matters relating to administration of the fund. The advisory
     committee shall recommend legislation as it deems necessary to
     fulfill the purposes of this chapter. The advisory committee
     shall submit a report concerning its activities and progress to
     the General Assembly within 30 days prior to the expiration of
     each legislative session. The Department of Health shall
     reimburse members of the advisory committee for all necessary
     and reasonable travel and other expenses incurred in the
     performance of their duties under this section.
        (d)  Reports.--The Department of Health and the Department of
     Education shall submit an annual report to the General Assembly
     on expenditures of fund moneys and any progress made in reducing
     the number of potential donors who were not identified.
        (e)  Definition.--As used in this section, the term "vital
     organ" means a heart, lung, liver, kidney, pancreas, small
     bowel, large bowel or stomach for the purpose of
     transplantation.
     (Dec. 20, 2000, P.L.881, No.120, eff. imd.)

        2000 Amendment.  Act 120 amended the section heading and
     subsec. (a). See sections 2, 3 and 4 of Act 120 in the appendix
     to this title for special provisions relating to references to
     Organ Donation Awareness Trust Fund, use of existing forms by
     Department of Revenue and use of existing forms by Department of
     Transportation.
        Special Provisions in Appendix.  See section 9 of Act 102 of
     1994 in the appendix to this title for special provisions
     relating to secondary education program.
        References in Text.  Section 8618, referred to in this
     section, is repealed.
        Cross References.  Section 8622 is referred to in sections
     8601, 8617, 8621 of this title.